First, this In Brief summarizes the Clean Air Act’s Renewable Fuel Standard program and small refinery exemptions, market research on Renewable Identification Number (RIN) compliance, relevant case law, and the standard of review under the Administrative Procedure Act. Second, it summarizes the D.C. Circuit’s decision in Sinclair Wyoming Refinery Co. ...

This In Brief analyzes how the Third Circuit’s decision in Boynes v. Limetree Bay Ventures, LLC demonstrates the importance of maintaining broad judicial discretion in setting the bond amounts attendant to preliminary injunctions. Absent such discretion, the interests of the movant— which the preliminary injunction is principally designed to protect—would ...

This In Brief explores the Tenth Circuit’s holding in Strawberry Water Users Association v. United States. It argues that this case underscores the urgent need for a mechanism to hold federal agencies accountable when they fail to take a proactive and adaptive approach to fire management—one that balances the ecological ...

This In Brief analyzes New Jersey Conservation Foundation v. FERC, where the D.C. Circuit found that the Federal Energy Regulatory Commission’s (FERC) approval of a natural gas pipeline project did not appropriately weigh GHG emissions as required by the National Environmental Protection Act (NEPA) and the Natural Gas Act (NGA). ...

This In Brief discusses the Third Circuit’s decision in Chemours v. EPA. Part I gives an overview of the relevant statutes and case law. Part II provides background on the parties and procedural history in Chemours. Part III analyzes how a court could have found jurisdiction to review the health ...

Ecology Law Quarterly Volume 52.1 Front Matter

This Article assesses key risks to state authority that could arise from regionalization: federal jurisdiction may interfere with state clean energy policy, restrict states’ control over in-state energy resources, and preempt state law. The Article analyzes each of these risks in the context of Western regionalization and concludes that none ...

This Article illustrates how the fragmentation of global climate harm into individual lawsuits, in which each local government seeks damages for its own mitigation and adaptation costs, could lead to a “first-sue, first-served” climate finance regime. This Article explores the benefits and risks of this litigation effort, the responsibilities of ...